Chandu Mandal @ Chandradeo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68805 of 2023 Arising Out of PS. Case No.-14 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== Chandu Mandal @ Chandradeo Mandal, Son of Late Badri Mandal, Resident of Village- Kermatand, PS- Maniyadih, (Tundi), Distt- Dhanbad (Jharkhand) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-11-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise Complaint Case no.14 of 2021, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a search being conducted 1305 litres of IMFL was recovered and two accused persons were arrested.

4. Learned counsel for the petitioner submits that although from the FIR it would transpire that the petitioner was not arrested at the spot, his name transpired in the statement of the co-accused made before police to the effect that the vehicle belongs to the petitioner. However, from the FIR itself it would

Patna High Court CR. MISC. No.68805 of 2023(2) dt.01-11-2023 2/2 transpire that from the document of ownership/registration of the vehicle, that the same does not belong to this petitioner but to one Kalicharan Mandal. Neither the petitioner was arrested at the spot nor does he have any concern with the seized liquor or the vehicle. He is in custody since 21.8.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the prosecution case, neither the petitioner being arrested at the spot nor him being the owner of the vehicle in question and his being in custody since 21.8.2023, the petitioner is directed to be enlarged on bail in connection with Excise Complaint Case no. 14 of 2021, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-V, Banka. (Partha Sarthy, J) avinash/- U T